OUR TEAM
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Partner
José Roberto Gusmão
Working Areas: Litigation, Mediation and Arbitration | Trademarks | Patents | Agreements: Technology transfer, licenses and assignments | Law and Technology | Trade Secrets and Confidential Information | Copyright
Languages: Inglês, Francês

Professor of Business and Intellectual Property Law at the Pontifícia Universidade Católica de São Paulo Law School
Faculty Member of de Centre d´Etudes Internationales de la Propriété Industrielle (CEIPI) of the University of Strasbourg, France, since 1987
Guest Professor of several post-graduation courses
Former President of Brazilian Patent and Trademark Office (INPI) – 1993-1994
Consultant on behalf of CEIPI and ABPI for World Intellectual Property Organization (WIPO) in several meetings concerning treaties and laws
Law Degree from the Pontifícia Universidade Católica of São Paulo (PUC-SP), São Paulo, 1981
Certified expert by the Centre d Etudes Internationales de la Propriété Industrielle (CEIPI) of the University of Strasbourg, France, 1986
Master in Industrial Property Law by the University of Strasbourg, 1987
Ph.D. degree in Law by the University of Strasbourg, 1989

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Jacques Labrunie
Working Areas: Patents | Trademarks | Litigation, Mediation and Arbitration | Agreements: Technology transfer, licenses and assignments | Law and Technology | Copyright | Trade Secrets and Confidential Information
Languages: Inglês, Francês

Professor of Intellectual Property Law at Pontifícia Universidade Católica de São Paulo Law School
Guest Professor of several post-graduation courses
Member of the Board of Directors of the Brazilian Intellectual Property Association (ABPI)
Arbitrator at ABPI Dispute Resolution Center
Law Degree from the Universidade do Estado do Rio de Janeiro (UERJ), Rio de Janeiro, 1985
Master in Industrial Property Law by the University de Droit of Paris II (Panthéon / Assas), France, 1988
Ph.D. degree in Law by the Pontifícia Universidade Católica of São Paulo (PUC/SP), São Paulo, 1998

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Laetitia Maria Alice Pablo d'Hanens
Working Areas: Trademarks | Fashion Law | Agreements: Technology transfer, licenses and assignments | Copyright | Innovation Law | Law and Technology | Entertainment, Media and Sport | Software | Franchises | Legal Marketing | Trade Secrets and Confidential Information
Languages: Inglês, Francês

Member of INTA’s Data Protection Committee
Member of Marques´s Famous and Well Know Marks Team
Director of Studies of Brazilian Association of Intellectual Property Agents
Master in Comparative Law at University of Brussels, Belgium, 1998
Law Degree from the Universidade de São Paulo (USP), São Paulo, 1995

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Fashion Law

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Innovation Law

The Innovation Law in force has created a friendlier regulatory environment, broadening dialogue between companies – players with market knowledge – and universities – centers of applied knowledge, and is designed to stimulate initiatives in the country’s productive and technological development. The products of innovation projects can be protected by intellectual property rights. We are prepared to assist you with the:

• analysis and protection of your innovations, by taking the appropriate legal steps;
• drafting, reviewing and negotiating contracts and documents related to the preservation of secrecy and/or any partnerships between private companies and universities and/or any public bodies;
• risk analysis and consultancy.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Franchises

Under the franchise agreement, the franchisee receives not only a license to use different intellectual property rights of the franchisor – trademark, trade dress, know-how and others – but also a complex package of other licenses and services so that the ‘business’ as a whole can be operated in the manner as conceived by the franchisor. The agreement also protects such rights of the franchisor to preserve the reputation of its business.

We offer consulting and services focused on negotiating and regularizing your franchise.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

João Vieira da Cunha
Working Areas: Litigation, Mediation and Arbitration | Law and Technology | Legal Marketing
Languages: Inglês

Coordinator of the Courses “Litigation and Intellectual Property” promoted by ASPI – Intellectual Property Association of São Paulo
Member of Marques´s Dispute Resolutions Team
Professor at ESA – Escola Superior de Advocacia of the Brazilian Bar Association (OAB)
Master in Intellectual Property Law at Queen Mary College, University of London, England, 2006
Law Degree from Universidade Presbiteriana Mackenzie, São Paulo, 2000

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Amanda Fonseca De Siervi
Working Areas: Litigation, Mediation and Arbitration | Legal Marketing
Languages: Inglês, Espanhol, Francês, Italiano

PhD Candidate at the Universidade de São Paulo (USP), São Paulo
Visiting Scholar at Queen Mary College, University of London, England, 2015
Master in Law at Pontifícia Universidade Católica de São Paulo (PUC/SP), São Paulo, 2005
Post graduation in International Trade Law at Istituto Universitario di Studi Europei, Italy, 1998
Law Degree from Universidade Federal da Bahia (UFBA), Salvador, 1997

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Carolina Nakata
Working Areas: Patents | Biotechnology | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Biosimilars | Chemistry | Pharmaceuticals | Energy | Oil and Gas | Industrial Design
Languages: Inglês, Espanhol

Law Degree from Universidade Paulista (UNIP), São Paulo, 2015
Specialized in Applied Molecular Biology at Universidade São Judas Tadeu (USJT), São Paulo, 2008
Specialized in Cosmetology – Development of cosmetic products, at Instituto Racine, São Paulo, 2005
Chemical Engineering Degree from Fundação Armando Álvares Penteado (FAAP), São Paulo, 1997

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Juliano Ryota Murakami
Working Areas: Patents | Industrial Design | Electrics / Electronics | Telecom | Agribusiness | Consumer Products | Automotive | Luxury | Energy | Oil and Gas | Sports and Fitness | Software
Languages: Inglês

Co-coordinator of the Industrial Design Committee of the Brazilian Intellectual Property Association (ABPI)
Graduated Degree in Management of Innovation for Competitiveness at Fundação Instituto de Administração (FIA), São Paulo, 2012
Electrical Engineering Bachelor’s Degree from Universidade de São Paulo (USP), São Paulo, 2002

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Marcos Chucralla Moherdaui Blasi
Working Areas: Litigation, Mediation and Arbitration | Innovation Law | Agreements: Technology transfer, licenses and assignments | Law and Technology | Trade Secrets and Confidential Information
Languages: Inglês

Member of the Board of Directors of the Brazilian Intellectual Property Association (ABPI)
PhD Candidate at the Universidade de São Paulo (USP), São Paulo
Master in Business Administration Knowledge, Technology & Innovation at Fundação Instituto de Administração (FIA), São Paulo, 2015
Master in Intellectual Property at Università degli Studi di Torino and World International Property Organization, Itália, 2012
Post Graduation Studies in Public and Regulatory Law at Fundação Getulio Vargas, São Paulo, 2008
Law Degree from the Universidade de São Paulo (USP), São Paulo, 2004

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Innovation Law

The Innovation Law in force has created a friendlier regulatory environment, broadening dialogue between companies – players with market knowledge – and universities – centers of applied knowledge, and is designed to stimulate initiatives in the country’s productive and technological development. The products of innovation projects can be protected by intellectual property rights. We are prepared to assist you with the:

• analysis and protection of your innovations, by taking the appropriate legal steps;
• drafting, reviewing and negotiating contracts and documents related to the preservation of secrecy and/or any partnerships between private companies and universities and/or any public bodies;
• risk analysis and consultancy.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Priscila Thereza
Working Areas: Patents | Biotechnology | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Chemistry | Pharmaceuticals | Energy | Biosimilars | Oil and Gas
Languages: Inglês

Law Degree from Universidade Paulista (UNIP), São Paulo
Specialized in Applied Molecular Biology at Universidade São Judas Tadeu (USJT), São Paulo, 2008
Biology Degree from Universidade de Mogi das Cruzes (UMC), São Paulo, 2004

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Thiago Arpagaus de Souza
Working Areas: Trademarks | Copyright | Fashion Law | Law and Technology | Software | Legal Marketing | Trade Secrets and Confidential Information | Entertainment, Media and Sport
Languages: Inglês

Member of INTA’s Committee on Famous and Well Known trademarks
Post graduation (Certification) in Business and People Management International at Insper – São Paulo, 2018
Specialization in Intellectual Property at Fundação Getúlio Vargas (FGV) – São Paulo, 2012
Law Degree from Universidade de São Bernardo do Campo (FDSBC/SBC), São Bernardo do Campo, 2007

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Fashion Law

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Vanessa Bastos Augusto de Assis Ribeiro
Working Areas: Litigation, Mediation and Arbitration | Law and Technology
Languages: Inglês, Espanhol, Francês

LL.M. with certificate of specialization in Law & Technology from University of California, Berkeley, US, 2014
Postgraduate Diploma in Intellectual Property from Pontifícia Universidade Católica do Rio de Janeiro, Rio de Janeiro, 2014
Law Degree from Universidade Federal do Rio de Janeiro, Rio de Janeiro, 2012
Summer courses on Intellectual Property Law and Policy (August 2010) and Commercial Litigation and Arbitration (August 2011) at the London School of Economics and Political Science, UK
Summer course on Cross-Border Trade in Intellectual Property, and Trademark and Geographical Indications at the Munich Intellectual Property Law Center, Germany, July 2011

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Vanessa de Freitas Gaeta
Working Areas: Trademarks
Languages: Inglês

Specialized in Intellectual Property, Entertainment Law and Media from Escola Superior da Advocacia (ESA/SP), 2017
Law Degree from Universidade Presbiteriana Mackenzie, 2008
Degree in Languages from the Universidade Presbiteriana Mackenzie, 2002

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Vicente de Moura Rosenfeld
Working Areas: Litigation, Mediation and Arbitration | Entertainment, Media and Sport
Languages: Inglês

Master in International Sports Law at ISDE, Madrid, 2015
Law Degree from Pontifícia Universidade Católica do Rio de Janeiro, Rio de Janeiro, 2006

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Professionals
Ana Paula Bernardo de Almeida
Working Areas: Patents | Industrial Design | Electrics / Electronics | Energy
Languages: Inglês

Graduated in Energy Engineering, 2018

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Anselmo Ribeiro Rodrigues
Working Areas: Patents | Industrial Design | Telecom | Electrics / Electronics | Agribusiness | Consumer Products | Automotive | Luxury | Energy | Oil and Gas | Sports and Fitness | Software
Languages: Inglês

Graduating in Law Degree from Faculdade Autônoma de Direito (FADISP)
Specialization in “Management and Engineering of Products and Services” at Universidade de São Paulo (USP), 2015
Mechanical Engineer Degree from “Universidade Mackenzie”, São Paulo, 2012

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Barbara Fernandes Marcon Pires
Working Areas: Patents | Industrial Design | Telecom | Electrics / Electronics | Agribusiness | Consumer Products | Automotive | Luxury | Energy | Oil and Gas | Sports and Fitness | Software
Languages: Inglês, Francês

Attending toa a Post Graduation in Intellectual Property and New Business at Fundação Getulio Vargas
Law Degree from Pontifícia Universidade Católica de São Paulo, São Paulo, 2016
Social Communication – Journalism from Cásper Líbero College, São Paulo, 2014

Barbara Sobreira de Moura
Working Areas: Patents | Industrial Design | Energy
Languages: Inglês

Master in Energy Engineering from Universidade Federal de Itajubá, Minas Gerais, 2006
Civil Engineering Bachelor’s Degree from Fundação de Ensino e Pesquisa de Itajubá, Minas Gerais, 2002

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Bruno Argente Carvalho
Working Areas: Patents
Languages: Inglês

Chemical Engineer Degree at Centro Universitário FEI, 2018

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Camila Avi Tormin
Working Areas: Litigation, Mediation and Arbitration
Languages: Inglês

Law Degree from Universidade Presbiteriana Mackenzie, 2016

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Camila Rodrigues Victorino
Working Areas: Patents | Pharmaceuticals | Chemistry | Biotechnology | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Energy | Biosimilars | Oil and Gas
Languages: Inglês

Pharmacy-Biochemistry Degree from Universidade de São Paulo (USP), 2015

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Carolina Augusta Borges Vaz Martins
Working Areas: Litigation, Mediation and Arbitration | Law and Technology
Languages: Inglês

Law Degree from Universidade de São Paulo (USP), São Paulo, 2019

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Carollina Souza Marfará
Working Areas: Trademarks | Law and Technology | Fashion Law | Copyright | Entertainment, Media and Sport | Software | Legal Marketing | Trade Secrets and Confidential Information
Languages: Inglês

Post Graduation in Intellectual Property and New Business at Fundação Getulio Vargas, 2018
Specialization in Digital Law at Fundação Getulio Vargas, 2016
Law Degree from Universidade Presbiteriana Mackenzie, São Paulo, 2016

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Fashion Law

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Érica Sayuri Yamane
Working Areas: Patents | Biotechnology | Chemistry | Pharmaceuticals | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Biosimilars
Languages: Inglês

Master in Pharmacology Universidade Federal de São Paulo, 2010
Biology Degree from Universidade Estadual Paulista Júlio de Mesquita Filho, São Paulo, 2007

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Gabriela Lima Silva
Working Areas: Trademarks | Copyright | Trade Secrets and Confidential Information | Entertainment, Media and Sport | Agreements: Technology transfer, licenses and assignments | Software | Legal Marketing
Languages: Inglês

Law Degree from “Universidade Presbiteriana Mackenzie”, São Paulo, 2014.
Specialization in Intellectual Property and New Business at Fundação Getulio Vargas – FGV/SP, 2017
Advanced Course on Technology Transfer Contracts at Associação Brasileira dos Agentes da Propriedade Industrial (ABAPI)

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Gabriela Matheus Monteiro Lobato
Working Areas: Patents
Languages: Inglês

Master in Chemistry from the Universidade de São Paulo (USP), São Paulo, 2019
Biotechnology Degree from Universidade Federal de São Carlos (UFSCar), São Carlos, 2015

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Guilherme Keppe Zanini
Working Areas: Biotechnology | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Pharmaceuticals | Biosimilars | Chemistry | Patents
Languages: Inglês

Master in Genetics and Molecular Biology at Unicamp, São Paulo, 2017
Biotechnology Degree from UFSCar, São Paulo, 2014

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Henrique Cazerta de Godoy Bueno
Working Areas: Litigation, Mediation and Arbitration
Languages: Inglês

Attending to a Post Graduation in Intellectual Property and New Business at Fundação Getulio Vargas
Law Degree from Universidade de São Paulo, São Paulo – 2015

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Isadora Teles da Cunha Rodrigues Silva
Working Areas: Litigation, Mediation and Arbitration
Languages: Inglês

Master in Civil Law and Civil Procedure at Fundação Getulio Vargas, 2018
Law Degree from Universidade Federal do Rio de Janeiro, 2016

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Jaddy Maria Alves Pereira Messias
Working Areas: Litigation, Mediation and Arbitration | Industrial Design | Luxury | Pharmaceuticals | Trademarks | Fashion Law | Copyright
Languages: Inglês

Attending to a Post Graduation in Civil Procedural Law at Universidade Católica of São Paulo (PUC/SP)
Law Degree from Universidade Presbiteriana Mackenzie, São Paulo, 2017

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Fashion Law

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Janainna Chaves Pereira
Working Areas: Patents
Languages: Inglês

Master in Chemical Engineering from the Universidade Estadual de Campinas (Unicamp), Campinas, 2017
Graduated in Chemical Engineering from Universidade do Estado do Amazonas, Manaus, 2013

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Jener Kath Jardim
Working Areas: Trademarks | Luxury | Software | Copyright | Entertainment, Media and Sport | Agreements: Technology transfer, licenses and assignments
Languages: Inglês

Specialist in Intellectual Property Law from the Pontifícia Universidade Católica do Rio de Janeiro, 2010
Specialist in Civil Law and Civil Procedure by the Centro de Estudos 11 de Agosto, 2008
Graduated in Law from the Pontifícia Universidade Católica do Rio de Janeiro, 2005

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Entertainment, Media and Sport

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Jessica Satie Ishida
Working Areas: Litigation, Mediation and Arbitration
Languages: Inglês

Master in Commercial Law at Universidade de São Paulo (USP), 2019
Law Degree from Faculdade de Direito de Ribeirão Preto (USP), 2014

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

João Paulo Maciel da Silva
Working Areas: Patents | Industrial Design | Telecom | Electrics / Electronics | Software | Agribusiness | Consumer Products | Automotive | Energy | Oil and Gas | Sports and Fitness | Luxury
Languages: Inglês

Physical Engineering Degree from Universidade Federal de São Carlos (UFSCar), 2014

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Júlio César de Freitas
Working Areas: Patents | Telecom | Industrial Design | Electrics / Electronics | Software | Agribusiness | Consumer Products | Automotive | Energy | Oil and Gas | Sports and Fitness | Luxury
Languages: Inglês

Master in Business and Management from Fundação Getulio Vargas – 2016
Electrical Engineering Degree from Universidade Presbiteriana Mackenzie, São Paulo – 2012

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Larissa Pereira Lino
Working Areas: Litigation, Mediation and Arbitration | Copyright | Legal Marketing
Languages: Inglês

Law Degree from Universidade de São Paulo (USP), São Paulo, 2012

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Laryssa Yumi Yamamoto
Working Areas: Patents
Languages: Inglês

Graduating in Law from Faculdades Metropolitanas Unidas (FMU)
Graduated in Pharmacy from Faculdades Metropolitanas Unidas (FMU), 2014
Graduated in Biological Sciences from Universidade Presbiteriana Mackenzie, 2008

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Luiz Guilherme Veiga Valente
Working Areas: Litigation, Mediation and Arbitration
Languages: Inglês, Espanhol, Francês, Italiano

PhD in Commercial Law from Universidade de São Paulo (USP), São Paulo, 2019
Visiting PhD Researcher in Intellectual Property by Sciences Po, Paris, France, 2018
Visiting PhD Researcher in Intellectual Property at Queen Mary University of London, London, England, 2018
Law Degree from the Universidade de São Paulo (USP), São Paulo, 2013

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Marcela Lima Costa Pacheco
Working Areas: Trademarks | Fashion Law | Copyright | Legal Marketing
Languages: Inglês

Post graduation degree in Intellectual Property at Pontifícia Universidade Católica do Rio de Janeiro (PUC/RJ), 2015
Law Degree from Universidade Candido Mendes, 2011

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Fashion Law

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Marcelo Bruce Baptista
Working Areas: Patents | Biotechnology | Pharmaceuticals | Chemistry | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Biosimilars | Energy | Oil and Gas
Languages: Inglês

Attending to a Computer Engineering Degree from Universidade Virtual do Estado de São Paulo
Chemical engineering Degree from Universidade Federal de São Paulo (UNIFESP), 2013

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Mariana Nagib Araujo
Working Areas: Patents | Industrial Design | Telecom | Electrics / Electronics | Software | Agribusiness | Consumer Products | Automotive | Energy | Oil and Gas | Sports and Fitness | Luxury
Languages: Inglês

Production Engineering Degree from Centro Universitário da FEI, São Bernardo do Campo, 2015

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Mariana Zanardo Dessotti
Working Areas: Litigation, Mediation and Arbitration | Law and Technology | Copyright | Legal Marketing | Agreements: Technology transfer, licenses and assignments
Languages: Inglês

Law Degree from Universidade Presbiteriana Mackenzie, São Paulo, 2015

Litigation, Mediation and Arbitration

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Law and Technology

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Agreements: Technology transfer, licenses and assignments

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Marina Guimarães Siqueira
Working Areas: Patents | Biotechnology | Pharmaceuticals | Chemistry | Brazilian Biodiversity | Plant Varieties – Cultivars | Agribusiness | Energy | Biosimilars | Oil and Gas
Languages: Inglês

MBA in Cosmetology from Instituto IPUPO, São Paulo, 2012
Specialist in Homeopathy from Instituto Homeopático François Lamasson Ribeirão Preto, SP, 2010
Master Degree in Internal Medicine from Universidade Estadual de Campinas (Unicamp), Campinas, SP, 2006
Specialist in Clinical Pharmacology from Universidade Metodista de Piracicaba (Unimep), Piracicaba, SP, 2004
Pharmaceutical Sciences Degree from Pontifícia Universidade Católica de Campinas (PUC-Campinas), Campinas, SP, 2002

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Biotechnology

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Brazilian Biodiversity

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Plant Varieties – Cultivars

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Natália Maranhão de Castro Moraes
Working Areas: Trademarks | Copyright | Legal Marketing | Trade Secrets and Confidential Information | Software
Languages: Inglês

Master´s Degree in Branding and Marketing from Business School São Paulo (BSP), São Paulo, 2017
Master´s Degree in Intellectual Property from Fundação Getulio Vargas (FGV), São Paulo, 2013
Law Degree from Pontifícia Universidade Católica de São Paulo (PUC-SP), São Paulo, 2009

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Legal Marketing

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Trade Secrets and Confidential Information

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Raphael Rodrigues Wanderley Machado
Working Areas: Patents | Industrial Design | Telecom | Electrics / Electronics | Software | Agribusiness | Consumer Products | Automotive | Energy | Oil and Gas | Sports and Fitness | Luxury
Languages: Inglês

Attending to a Law Degree from Universidade Paulista
MBA in Administration from Instituto Mauá de Tecnologia, São Paulo, 2016
Mechanical Engineer Degree from Instituto Mauá de Tecnologia, São Paulo, 2013

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Industrial Design

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Telecom

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.

Electrics / Electronics

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Software

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Consumer Products

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Automotive

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Sports and Fitness

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Luxury

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Vanessa Cavalheiro
Working Areas: Trademarks | Copyright
Languages: Inglês

LL.M. in Corporate Law and Capital Markets with emphasis on Intellectual Property at Fundação Getulio Vargas (FGV), 2015
Law Degree from Universidade Candido Mendes (UCAM), Rio de Janeiro, 2012

Trademarks

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Copyright

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Victor de Godoy Daiha
Working Areas: Patents | Chemistry | Pharmaceuticals | Biosimilars | Agribusiness | Energy | Oil and Gas
Languages: Inglês

Chemical Engineering Degree from Universidade Federal do Rio de Janeiro (UFRJ), 2018

Patents

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Chemistry

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Pharmaceuticals

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Biosimilars

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Agribusiness

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Energy

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Oil and Gas

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.